Tomiuk v. Oakgrove Construction, Inc.

Appeal from an order of the Supreme Court, Erie County (Penny M. Wolfgang, J.), entered September 24, 2007 in a personal injury action. The order granted the motion of plaintiff to bifurcate the trial.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court did not abuse its discretion in granting plaintiffs motion to bifurcate the trial. “Issues of liability and damages in a negligence action are distinct and severable issues that should be tried and determined separately unless plaintiffs injuries have an important bearing on the…